| 1 | 1 | | MISSISSIPPI LEGISLATURE 2025 Regular Session To: Judiciary B By: Representative Owen House Bill 1336 AN ACT TO AMEND SECTION 97-3-65, MISSISSIPPI CODE OF 1972, TO CREATE THE CRIME OF CAPITAL RAPE WHEN DAMAGE TO SEXUAL ORGANS OF A CHILD UNDER 12 YEARS OF AGE OCCURS; TO AMEND SECTION 97-3-71, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Section 97-3-65, Mississippi Code of 1972, is amended as follows: 97-3-65. (1) The crime of statutory rape is committed when: (a) Any person seventeen (17) years of age or older has sexual intercourse with a child who: (i) Is at least fourteen (14) but under sixteen (16) years of age; (ii) Is thirty-six (36) or more months younger than the person; and (iii) Is not the person's spouse; or (b) A person of any age has sexual intercourse with a child who: (i) Is under the age of fourteen (14) years; and (ii) Is twenty-four (24) or more months younger than the person. (c) A person of eighteen (18) years of age or older who has sexual intercourse with a child who: (i) Is less than twelve (12) years of age; and (ii) Damages the child's sexual organs. (2) Neither the victim's consent nor the victim's lack of chastity is a defense to a charge of statutory rape. (3) Upon conviction for statutory rape, the defendant shall be sentenced as follows: (a) If eighteen (18) years of age or older, but under twenty-one (21) years of age, and convicted under subsection (1)(a) of this section, to imprisonment for not more than five (5) years in the State Penitentiary or a fine of not more than Five Thousand Dollars ($5,000.00), or both; (b) If twenty-one (21) years of age or older and convicted under subsection (1)(a) of this section, to imprisonment of not more than thirty (30) years in the State Penitentiary or a fine of not more than Ten Thousand Dollars ($10,000.00), or both, for the first offense, and not more than forty (40) years in the State Penitentiary for each subsequent offense; (c) If eighteen (18) years of age or older and convicted under subsection (1)(b) of this section, to imprisonment for life in the State Penitentiary or such lesser term of imprisonment as the court may determine, but not less than twenty (20) years; (d) If thirteen (13) years of age or older but under eighteen (18) years of age and convicted under subsection (1)(a) or (1)(b) of this section, such imprisonment, fine or other sentence as the court, in its discretion, may determine. (e) If eighteen (18) years of age or older and convicted under subsection (1)(c) of this section, the person shall be guilty of capital rape and sentenced to death or life imprisonment as provided in Section 97-3-71. (4) (a) Every person who shall have forcible sexual intercourse with any person, or who shall have sexual intercourse not constituting forcible sexual intercourse or statutory rape with any person without that person's consent by administering to such person any substance or liquid which shall produce such stupor or such imbecility of mind or weakness of body as to prevent effectual resistance, upon conviction, shall be imprisoned for life in the State Penitentiary if the jury by its verdict so prescribes; and in cases where the jury fails to fix the penalty at life imprisonment, the court shall fix the penalty at imprisonment in the State Penitentiary for any term as the court, in its discretion, may determine. (b) This subsection (4) shall apply whether the perpetrator is married to the victim or not. (5) In all cases where a victim is under the age of sixteen (16) years, it shall not be necessary to prove penetration where it is shown the genitals, anus or perineum of the child have been lacerated or torn in the attempt to have sexual intercourse with the child. (6) (a) Upon conviction under this section, the court may issue a criminal sexual assault protection order prohibiting the offender from any contact with the victim, without regard to the relationship between the victim and offender. The court may include in a criminal sexual assault protection order any relief available under Section 93-21-15. The term of a criminal sexual assault protection order shall be for a time period determined by the court, but all orders shall, at a minimum, remain in effect for a period of two (2) years after the expiration of any sentence of imprisonment and subsequent period of community supervision, conditional release, probation, or parole. Upon issuance of a criminal sexual assault protection order, the clerk of the issuing court shall enter the order in the Mississippi Protection Order Registry within twenty-four (24) hours of issuance, with no exceptions for weekends or holidays as provided in Section 93-21-25, and a copy must be provided to both the victim and offender. (b) Criminal sexual assault protection orders shall be issued on the standardized form developed by the Office of the Attorney General. (c) It is a misdemeanor to knowingly violate any condition of a criminal sexual assault protection order. Upon conviction for a violation, the defendant shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or both. Any sentence imposed for the violation of a criminal sexual assault protection order shall run consecutively to any other sentences imposed on the offender. The court shall also be empowered to extend the criminal sexual assault protection order for a period of one (1) year for each violation. The incarceration of a person at the time of the violation is not a bar to prosecution under this section. Nothing in this subsection shall be construed to prohibit the imposition of any other penalties or disciplinary action otherwise allowed by law or policy. (7) For the purposes of this section, "sexual intercourse" shall mean a joining of the sexual organs of a male and female human being in which the penis of the male is inserted into the vagina of the female or the penetration of the sexual organs of a male or female human being in which the penis or an object is inserted into the genitals, anus or perineum of a male or female. SECTION 2. Section 97-3-71, Mississippi Code of 1972, is amended as follows: 97-3-71. (1) (a) * * * Every Except as otherwise provided in subsection (2) of this section, every person who shall be convicted of an assault with intent of forcible sexual penetration of any person shall be punished by imprisonment in the Penitentiary for life, or for such shorter time as may be fixed by the jury, or by the court upon the entry of a plea of guilty. (b) Every person who is eighteen (18) years of age or older who shall be convicted of an assault with intent of forcible sexual penetration of a person less than twelve (12) years old and damages the child's sexual organs shall be guilty of capital rape and sentenced to death or life imprisonment. (c) If the prosecutor intends to seek the death penalty, the prosecutor must give notice to the defendant and file the notice with the court within forty-five (45) days after arraignment. The notice must contain a list of the aggravating factors the state intends to prove and has reason to believe it can prove beyond a reasonable doubt. The court may allow the prosecutor to amend the notice upon a showing of good cause. (d) Upon conviction or adjudication of guilt of a defendant of a capital rape, the court shall conduct a separate sentencing proceeding to determine whether the defendant should be sentenced to death or life imprisonment as authorized. The proceeding shall be conducted by the trial judge before the trial jury as soon as practicable. If, through impossibility or inability, the trial jury is unable to reconvene for a hearing on the issue of penalty, having determined the guilt of the accused, the trial judge may summon a special juror or jurors determine the issue of the imposition of the penalty. If the trial jury has been waived, or if the defendant pleaded guilty, the sentencing proceeding shall be conducted before a jury impaneled for that purpose, unless waived by the defendant. In the proceeding, evidence may be presented as to any matter that the court deems relevant to the nature of the crime and the character of the defendant and shall include matters relating to any of the aggravating factors enumerated or mitigating circumstances in paragraph (e). Any such evidence that the court deems to have probative value may be received, regardless of its admissibility under the exclusionary rules of evidence, provided the defendant is accorded a fair opportunity to rebut any hearsay statements. However, this subsection shall not be construed to authorize the introduction of any evidence secured in violation of the United States Constitution or the Florida Constitution. The state and the defendant or the defendant's counsel shall be permitted to present argument for or against a sentence of death. (e) Aggravating factors shall be limited to the following: (i) The capital felony was committed by a person previously convicted of a felony violation; (ii) The defendant was previously convicted of another felony or of a felony involving the use or threat of violence to a person; (iii) The capital felony was committed by a person registered as a sexual offender or a person previously designated as a sexual predator who had the sexual predator designation removed; (iv) The defendant knowingly created a great risk of death to one or more persons such that participation in the offense constituted reckless indifference or disregard for human life; (v) The defendant used a firearm or knowingly directed, advised, authorized, or assisted another to use a firearm to threaten, intimidate, assault, or injure a person in committing the offense or in furtherance of the offense; (vi) The capital felony was committed for pecuniary gain; (vii) The capital felony was especially heinous, atrocious, or cruel; or (viii) The victim of the capital felony was particularly vulnerable due to age or disability, or because the defendant stood in a position of familial or custodial authority over the victim. (f) Mitigating circumstances shall be the following: (i) The defendant has no significant history of prior criminal activity. (ii) The capital felony was committed while the defendant was under the influence of extreme mental or emotional disturbance. (iii) The defendant was an accomplice in the capital felony committed by another person and his or her participation was 216 relatively minor. (iv) The defendant acted under extreme duress or under the substantial domination of another person. (v) The capacity of the defendant to appreciate the criminality of his or her conduct or to conform his or her conduct to the requirements of law was substantially impaired. (vi) The age of the defendant at the time of the crime. (vii) The existence of any other factors in the defendant's background that would mitigate against imposition of the death. SECTION 3. This act shall take effect and be in force from and after July 1, 2025. |
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| 2 | 2 | | |
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| 3 | 3 | | MISSISSIPPI LEGISLATURE |
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| 4 | 4 | | |
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| 5 | 5 | | 2025 Regular Session |
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| 6 | 6 | | |
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| 7 | 7 | | To: Judiciary B |
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| 8 | 8 | | |
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| 9 | 9 | | By: Representative Owen |
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| 10 | 10 | | |
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| 11 | 11 | | # House Bill 1336 |
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| 12 | 12 | | |
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| 13 | 13 | | AN ACT TO AMEND SECTION 97-3-65, MISSISSIPPI CODE OF 1972, TO CREATE THE CRIME OF CAPITAL RAPE WHEN DAMAGE TO SEXUAL ORGANS OF A CHILD UNDER 12 YEARS OF AGE OCCURS; TO AMEND SECTION 97-3-71, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING SECTION; AND FOR RELATED PURPOSES. |
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| 14 | 14 | | |
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| 15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: |
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| 16 | 16 | | |
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| 17 | 17 | | SECTION 1. Section 97-3-65, Mississippi Code of 1972, is amended as follows: |
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| 18 | 18 | | |
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| 19 | 19 | | 97-3-65. (1) The crime of statutory rape is committed when: |
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| 20 | 20 | | |
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| 21 | 21 | | (a) Any person seventeen (17) years of age or older has sexual intercourse with a child who: |
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| 22 | 22 | | |
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| 23 | 23 | | (i) Is at least fourteen (14) but under sixteen (16) years of age; |
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| 24 | 24 | | |
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| 25 | 25 | | (ii) Is thirty-six (36) or more months younger than the person; and |
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| 26 | 26 | | |
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| 27 | 27 | | (iii) Is not the person's spouse; or |
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| 28 | 28 | | |
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| 29 | 29 | | (b) A person of any age has sexual intercourse with a child who: |
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| 30 | 30 | | |
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| 31 | 31 | | (i) Is under the age of fourteen (14) years; and |
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| 32 | 32 | | |
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| 33 | 33 | | (ii) Is twenty-four (24) or more months younger than the person. |
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| 34 | 34 | | |
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| 35 | 35 | | (c) A person of eighteen (18) years of age or older who has sexual intercourse with a child who: |
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| 36 | 36 | | |
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| 37 | 37 | | (i) Is less than twelve (12) years of age; and |
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| 38 | 38 | | |
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| 39 | 39 | | (ii) Damages the child's sexual organs. |
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| 40 | 40 | | |
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| 41 | 41 | | (2) Neither the victim's consent nor the victim's lack of chastity is a defense to a charge of statutory rape. |
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| 42 | 42 | | |
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| 43 | 43 | | (3) Upon conviction for statutory rape, the defendant shall be sentenced as follows: |
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| 44 | 44 | | |
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| 45 | 45 | | (a) If eighteen (18) years of age or older, but under twenty-one (21) years of age, and convicted under subsection (1)(a) of this section, to imprisonment for not more than five (5) years in the State Penitentiary or a fine of not more than Five Thousand Dollars ($5,000.00), or both; |
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| 46 | 46 | | |
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| 47 | 47 | | (b) If twenty-one (21) years of age or older and convicted under subsection (1)(a) of this section, to imprisonment of not more than thirty (30) years in the State Penitentiary or a fine of not more than Ten Thousand Dollars ($10,000.00), or both, for the first offense, and not more than forty (40) years in the State Penitentiary for each subsequent offense; |
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| 48 | 48 | | |
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| 49 | 49 | | (c) If eighteen (18) years of age or older and convicted under subsection (1)(b) of this section, to imprisonment for life in the State Penitentiary or such lesser term of imprisonment as the court may determine, but not less than twenty (20) years; |
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| 50 | 50 | | |
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| 51 | 51 | | (d) If thirteen (13) years of age or older but under eighteen (18) years of age and convicted under subsection (1)(a) or (1)(b) of this section, such imprisonment, fine or other sentence as the court, in its discretion, may determine. |
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| 52 | 52 | | |
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| 53 | 53 | | (e) If eighteen (18) years of age or older and convicted under subsection (1)(c) of this section, the person shall be guilty of capital rape and sentenced to death or life imprisonment as provided in Section 97-3-71. |
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| 54 | 54 | | |
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| 55 | 55 | | (4) (a) Every person who shall have forcible sexual intercourse with any person, or who shall have sexual intercourse not constituting forcible sexual intercourse or statutory rape with any person without that person's consent by administering to such person any substance or liquid which shall produce such stupor or such imbecility of mind or weakness of body as to prevent effectual resistance, upon conviction, shall be imprisoned for life in the State Penitentiary if the jury by its verdict so prescribes; and in cases where the jury fails to fix the penalty at life imprisonment, the court shall fix the penalty at imprisonment in the State Penitentiary for any term as the court, in its discretion, may determine. |
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| 56 | 56 | | |
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| 57 | 57 | | (b) This subsection (4) shall apply whether the perpetrator is married to the victim or not. |
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| 58 | 58 | | |
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| 59 | 59 | | (5) In all cases where a victim is under the age of sixteen (16) years, it shall not be necessary to prove penetration where it is shown the genitals, anus or perineum of the child have been lacerated or torn in the attempt to have sexual intercourse with the child. |
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| 60 | 60 | | |
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| 61 | 61 | | (6) (a) Upon conviction under this section, the court may issue a criminal sexual assault protection order prohibiting the offender from any contact with the victim, without regard to the relationship between the victim and offender. The court may include in a criminal sexual assault protection order any relief available under Section 93-21-15. The term of a criminal sexual assault protection order shall be for a time period determined by the court, but all orders shall, at a minimum, remain in effect for a period of two (2) years after the expiration of any sentence of imprisonment and subsequent period of community supervision, conditional release, probation, or parole. Upon issuance of a criminal sexual assault protection order, the clerk of the issuing court shall enter the order in the Mississippi Protection Order Registry within twenty-four (24) hours of issuance, with no exceptions for weekends or holidays as provided in Section 93-21-25, and a copy must be provided to both the victim and offender. |
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| 62 | 62 | | |
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| 63 | 63 | | (b) Criminal sexual assault protection orders shall be issued on the standardized form developed by the Office of the Attorney General. |
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| 64 | 64 | | |
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| 65 | 65 | | (c) It is a misdemeanor to knowingly violate any condition of a criminal sexual assault protection order. Upon conviction for a violation, the defendant shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or by imprisonment in the county jail for not more than six (6) months, or both. Any sentence imposed for the violation of a criminal sexual assault protection order shall run consecutively to any other sentences imposed on the offender. The court shall also be empowered to extend the criminal sexual assault protection order for a period of one (1) year for each violation. The incarceration of a person at the time of the violation is not a bar to prosecution under this section. Nothing in this subsection shall be construed to prohibit the imposition of any other penalties or disciplinary action otherwise allowed by law or policy. |
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| 66 | 66 | | |
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| 67 | 67 | | (7) For the purposes of this section, "sexual intercourse" shall mean a joining of the sexual organs of a male and female human being in which the penis of the male is inserted into the vagina of the female or the penetration of the sexual organs of a male or female human being in which the penis or an object is inserted into the genitals, anus or perineum of a male or female. |
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| 68 | 68 | | |
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| 69 | 69 | | SECTION 2. Section 97-3-71, Mississippi Code of 1972, is amended as follows: |
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| 70 | 70 | | |
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| 71 | 71 | | 97-3-71. (1) (a) * * * Every Except as otherwise provided in subsection (2) of this section, every person who shall be convicted of an assault with intent of forcible sexual penetration of any person shall be punished by imprisonment in the Penitentiary for life, or for such shorter time as may be fixed by the jury, or by the court upon the entry of a plea of guilty. |
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| 72 | 72 | | |
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| 73 | 73 | | (b) Every person who is eighteen (18) years of age or older who shall be convicted of an assault with intent of forcible sexual penetration of a person less than twelve (12) years old and damages the child's sexual organs shall be guilty of capital rape and sentenced to death or life imprisonment. |
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| 74 | 74 | | |
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| 75 | 75 | | (c) If the prosecutor intends to seek the death penalty, the prosecutor must give notice to the defendant and file the notice with the court within forty-five (45) days after arraignment. The notice must contain a list of the aggravating factors the state intends to prove and has reason to believe it can prove beyond a reasonable doubt. The court may allow the prosecutor to amend the notice upon a showing of good cause. |
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| 76 | 76 | | |
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| 77 | 77 | | (d) Upon conviction or adjudication of guilt of a defendant of a capital rape, the court shall conduct a separate sentencing proceeding to determine whether the defendant should be sentenced to death or life imprisonment as authorized. The proceeding shall be conducted by the trial judge before the trial jury as soon as practicable. If, through impossibility or inability, the trial jury is unable to reconvene for a hearing on the issue of penalty, having determined the guilt of the accused, the trial judge may summon a special juror or jurors determine the issue of the imposition of the penalty. If the trial jury has been waived, or if the defendant pleaded guilty, the sentencing proceeding shall be conducted before a jury impaneled for that purpose, unless waived by the defendant. In the proceeding, evidence may be presented as to any matter that the court deems relevant to the nature of the crime and the character of the defendant and shall include matters relating to any of the aggravating factors enumerated or mitigating circumstances in paragraph (e). Any such evidence that the court deems to have probative value may be received, regardless of its admissibility under the exclusionary rules of evidence, provided the defendant is accorded a fair opportunity to rebut any hearsay statements. However, this subsection shall not be construed to authorize the introduction of any evidence secured in violation of the United States Constitution or the Florida Constitution. The state and the defendant or the defendant's counsel shall be permitted to present argument for or against a sentence of death. |
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| 78 | 78 | | |
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| 79 | 79 | | (e) Aggravating factors shall be limited to the following: |
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| 80 | 80 | | |
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| 81 | 81 | | (i) The capital felony was committed by a person previously convicted of a felony violation; |
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| 82 | 82 | | |
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| 83 | 83 | | (ii) The defendant was previously convicted of another felony or of a felony involving the use or threat of violence to a person; |
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| 84 | 84 | | |
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| 85 | 85 | | (iii) The capital felony was committed by a person registered as a sexual offender or a person previously designated as a sexual predator who had the sexual predator designation removed; |
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| 86 | 86 | | |
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| 87 | 87 | | (iv) The defendant knowingly created a great risk of death to one or more persons such that participation in the offense constituted reckless indifference or disregard for human life; |
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| 88 | 88 | | |
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| 89 | 89 | | (v) The defendant used a firearm or knowingly directed, advised, authorized, or assisted another to use a firearm to threaten, intimidate, assault, or injure a person in committing the offense or in furtherance of the offense; |
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| 90 | 90 | | |
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| 91 | 91 | | (vi) The capital felony was committed for pecuniary gain; |
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| 92 | 92 | | |
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| 93 | 93 | | (vii) The capital felony was especially heinous, atrocious, or cruel; or |
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| 94 | 94 | | |
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| 95 | 95 | | (viii) The victim of the capital felony was particularly vulnerable due to age or disability, or because the defendant stood in a position of familial or custodial authority over the victim. |
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| 96 | 96 | | |
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| 97 | 97 | | (f) Mitigating circumstances shall be the following: |
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| 98 | 98 | | |
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| 99 | 99 | | (i) The defendant has no significant history of prior criminal activity. |
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| 100 | 100 | | |
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| 101 | 101 | | (ii) The capital felony was committed while the defendant was under the influence of extreme mental or emotional disturbance. |
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| 102 | 102 | | |
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| 103 | 103 | | (iii) The defendant was an accomplice in the capital felony committed by another person and his or her participation was 216 relatively minor. |
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| 104 | 104 | | |
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| 105 | 105 | | (iv) The defendant acted under extreme duress or under the substantial domination of another person. |
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| 106 | 106 | | |
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| 107 | 107 | | (v) The capacity of the defendant to appreciate the criminality of his or her conduct or to conform his or her conduct to the requirements of law was substantially impaired. |
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| 108 | 108 | | |
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| 109 | 109 | | (vi) The age of the defendant at the time of the crime. |
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| 110 | 110 | | |
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| 111 | 111 | | (vii) The existence of any other factors in the defendant's background that would mitigate against imposition of the death. |
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| 112 | 112 | | |
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| 113 | 113 | | SECTION 3. This act shall take effect and be in force from and after July 1, 2025. |
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